Dear Applicant: We are pleased to inform you that upon review of your application for taxexempt status we have determined that you are exempt from Federal income tax under section 501 (c) (7) of the Internal Revenue Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Please see enclosed Information for Organizations Exempt Under Sections Other Than 501 (c) (3) for some helpful information about your responsibilities as an exempt organization. A section SOl(c) (7) organization is permitted to receive up to 35 percent of its gross receipts, including investment income, from sources outside of its membership without losing its tax-exempt status. Of the 35 percent, not more than 15 percent of the gross receipts may be derived from the use of the club's facilities or services by the general public. Income in excess of these limits may jeopardize your continued tax-exempt status. sincerely, ~ ~C.1J Lois G. lr:er Director, Exempt Organizations Rulings and Agreements Enclosure: Information for Organizations Exempt Under Sections Other Than 501(c) (3) Letter 948 (DO/CG) RECEIVED MAR 10 Z006 -2- THE COWBOYS A CALIFORNIA NON PROFIT INFORMATION FOR ORGANIZATIONS EXEMPT UNDER SECTIONS OTHER THAN 501 (C) (3) WHERE TO GET FORMS AND HELP Forms and instructions may be obtained by calling toll free 1-800-829-3676, through the Internet Web Site at www.irs.gov, and also at local tax assistance centers. Additional information about any topic discussed below may be obtained through our customer service function by calling toll free 1-877-829-5500. NOTIFY US ON THESE MATTERS If you change your name, address, purposes, operations or sources of financial support, please inform our TE/GE EO Determinations Office at the following address: Internal Revenue Service, P.O. Box 2508, Cincinnati, Ohio 45201. If you amend your organizational document or by-laws, or dissolve, provide the EO Determinations Office with a copy of the amended documents. Please use your employer identification number on all returns you file and in all correspondence with the Internal Revenue Service. FILING REQUIREMENTS In your exemption letter we indicated whether you must file Form 990, Return of Organization Exempt From Income Tax. Form 990 (or Form 990-EZ) is filed with the Ogden Submission Processing Center, Ogden UT 84201-0027. You are required to file a Form 990 only if your gross receipts are normally more than $25,000. If your gross receipts are normally between $25,000 and $100,000, and your total assets are less than $250,000, you may file Form 990-EZ. If your gross receipts are over $200,000, or your total assets are over $250,000, you must file the complete Form 990. The Form 990 instructions show how to compute your "normal" receipts. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. There are penalties for failing to timely file a complete return. For additional information on penalties, see Form 990 instructions or call our toll free number. If your receipts are below $25,000, and we send you a Form 990 Package, follow the instructions in the package on how to complete the limited return to advise us that you are not required to file. If your exemption letter states that you are not required to file Form 990, you are exempt from these requirements. Letter 948 (DO!CG) -3 - THE COWBOYS A CALIFORNIA NON PROFIT UNRELATED BUSINESS INCOME TAX RETURN If you receive more than $1,000 annually in gross receipts from a regular trade or business you may be subject to Unrelated Business Income Tax and required to file Form 990-T, Exempt Organization Business Income Tax Return. Special rules for organizations exempt under sections 501(c) (7), (9), (17) and (19) are described in Publication 598. There are several exceptions to the tax on unrelated business income.
There are special rules for income derived from real estate or other investments purchased with borrowed funds. This income is called "debt financed" income. For additional information regarding UIlrelated business income tax see Publication 598, Tax on Unrelated Business Income of Exempt organizations, or call our toll free number shown above. PUBLIC INSPECTION OF APPLICATION AND INFORMATION RETURN You are required to make your annual information return, Form 990 or Form 990-EZ, available for public inspection for three years after the later of the due date of the return, or the date the return is filed. You are also required to make available for public inspection your exemption application, any supporting documents, and your exemption letter. Copies of these documents are also required to be provided to any individual upon written or in person request without charge other than reasonable fees for copying and postage. You may fulfill this requirement by placing these documents on the Internet. Penalties may be imposed for failure to comply with these requirements. Additional information is available in Publication 557, Tax-Exempt Status for Your Organization, or you may call our toll free number shown above. EXCESS BENEFIT TRANSACTIONS (Applies to 501(c) (4) organizations) Excess benefit transactions are governed by section 4958 of the Code. Excess benefit transactions involve situations where a section SOl(c) (4) organization provides an unreasonable benefit to a person who is in a position to exercise substantial influence over the organization's affairs. If you believe there may be an excess benefit transaction involving your organization, you should report the transaction on Form 990 or Form 990-EZ. Additional information can Letter 948 (DO/CG) -4- THE COWBOYS A CALIFORNIA NON PROFIT be found in the instructions for Form 990 and Form 990-EZ, or you may call our toll-free number to obtain additional information on how to correct and report this transaction. EMPLOYMENT TAXES If you have employees, you are subject to income tax withholding and the social security taxes imposed under the Federal Insurance Contribution Act (FICA). You are required to withhold Federal income tax from your employee's wages and you are required to pay FICA on each employee who is paid more than $100 in wages during a calendar year. To know how much income tax to withhold, you should have a Form W-4, Employee's Withholding Allowance Certificate, on file for each employee. You are also liable for tax under the Federal Unemployment Tax (FUTA) for each employee you pay $50 or more during a calendar quarter if, during the current or preceding calendar year, you had one or more employees at any time in each of 20 calendar weeks or you paid wages of $1,500 or more in any calendar quarter. Employment taxes are reported on Form 941, Employer's Quarterly Federal Tax Return. The requirements for withholding, depositing, reporting and paying employment taxes are explained in Circular E, Employer's Tax Guide, (Publication IS), and Employer's Supplemental Tax Guide, (Publication IS-A). These publications explain your tax responsibilities as an employer. Letter 948 (DO/CG)
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